There is an increasing rate of car accidents in Illinois hence the need for road users to understand the applicable laws when it comes to claiming for damages. Understanding the laws has a far reaching impact on the cases that you may bring against the at-fault drivers or other road users. It will also help victims and defendants to know and protect their rights whenever they are involved in an accident. Here are some Illinois car accident laws you should know,according to noted http://www.us.pathlegal.com/Belleville/Advocate-Hipskind--McAninch:
Illinois is one of the many states that apply the “at-fault” laws,meaning that the insurer of the at fault driver is liable for the damages caused to the victim(s). However,the liability of the insurance company is up to certain limit as provided in law. As per the law,drivers are expected to have a minimum coverage as follows: $20,000 for property damages and $25,000 or $50,000 for bodily injury
Starting a Lawsuit
To commence a lawsuit in Illinois,the plaintiff will have to present a complaint and cause summons to be prepared. He or she sets out the matter and demonstrates why the defendant should be caused to pay damages.
Proving a Claim
To guarantee the recovery of the claim,the plaintiff or his injury attorneymust prove various elements such as existence of negligence,breach of duty of care and that such negligence caused the accident and the injuries. For example,the victim may demonstrate that the driver failed to observe the road signs or was speeding.
This is the final element to be established in a car accident lawsuit. Victims may claim various damages in Illinois,including medical expenses,lost wages,pain,disability etc.
Illinois invokes a rather modified comparative fault principle in which the victim may be partly responsible for the accident. However,where the victim was not significantly responsible for the accident,he or she is still entitled to recover the damages. However,the plaintiff’s own responsibility will reduce the overall or final settlement to be received accordingly.
Statute of Limitations
Illinois has follows a strict statue of limitations when it comes to car accident claims. Victims have a maximum period of two years within which they can file their personal injury suits for damages.